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PRELIMINARY STATEMENT Plaintiff Infusion Pool Products, Inc. (hereinafter IPP) brings this action

against Defendant Shasta Industries, Inc., d.b.a. A&A Manufacturing (hereinafter A&A) under the United States Patent Law to enjoin the current and prospective infringement of IPPs patent and for recovery of monetary damages resulting from those actions. JURISDICTION AND VENUE This patent infringement action arises under the United States Patent Law,

United States Code Title 35. This Court has jurisdiction over this action under 35 U.S.C. 271 and 289. 3. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b),

because a substantial part of the events or omissions giving rise to the claim occurred in this judicial district. 4. In addition, Defendant targets electronic advertising at this judicial district

and maintains at least one (1) interactive, as opposed to passive, website from which residents of this judicial district make purchases and interact with Defendants sales and customer service representatives. Second, Defendants website mainly serves to advertise and promote sales of its products. Third, Defendant conducts telephone and email customer service that puts it in direct communication with residents of this judicial district. Fourth, Defendant freely chooses to fulfill order requests from residents of this judicial district and freely choose to ship products directly to residents of this judicial district with intent to make a profit from those transactions. Finally, Defendant has advertised, offered for sale, sold, and unless enjoined by this Court, will continue to advertise, offer for sale, and sell in this judicial district products that infringe IPPs patent as set forth more fully herein. Accordingly, the Court has personal jurisdiction over the Defendant and venue in this District is proper under 28 U.S.C. 1391(b) and 1391(c).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. IPP and its Patent 7. A. Plaintiff IPP 5.

THE PARTIES

Plaintiff Infusion Pool Products, Inc. is, and at all times mentioned herein

was, a corporation organized and existing under the laws of the State of Nevada and having a principal place of business in California. IPP designs, manufactures, and sells various types of products for swimming pools. B. Defendant A&A 6. Upon information and belief, Defendant A&A is, and at all times mentioned

herein was, a corporation organized and existing under the laws of the State of Arizona, having a principal place of business in Arizona. Defendant A&A is a designer, manufacturer, and seller of swimming pool products. FACTUAL BACKGROUND

For several years, IPP has been an innovator in the design, development,

sale, and marketing of swimming pool products, more specifically water return fittings that are installed on the walls and floors of swimming pools. 8. On July 8, 2009, a U.S. Patent application for a pool fitting with venturi

manufactured and sold by IPP was filed. The United States Patent and Trademark Office (USPTO) acknowledged the novel, innovative, unique, and nonobvious design of the pool fitting with venturi by awarding U.S. Patent No. 8,322,908 (the 908 Patent). A true and correct copy of the 908 Patent is attached hereto as Exhibit A and incorporated by reference. The 908 Patent serves as prima facie proof that the design of IPPs pool fitting with venturi is novel and nonobvious. 9. On March 15, 2013, IPP acquired exclusive ownership of the entire right,

title, and interest in and to the 908 Patent, including all rights to enforce that patent and to recover for infringement. B. Defendants Wrongful Conduct 10. Defendant A&A has infringed and continues to infringe the 908 Patent
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through, among other activities, the manufacture, use, offer for sale, and sale of its G4 Venturi Powered Cleaning Heads and other pool fittings with venturi. 11. On March 28, 2013 Defendant A&A was explicitly notified by

representatives of IPP that it is infringing the 908 Patent. 12. Defendant A&A has refused to acknowledge its infringement of the 908

Patent and has refused to cease the manufacture, use, offer for sale, and sale of its G4 Venturi Powered Cleaning Heads and other pool fittings with venturi. 13. Thus, with full knowledge that IPP owns the 908 Patent and that the G4

Venturi Powered Cleaning Heads is protected by the 908 Patent, Defendant A&A willfully chose to reproduce, import, promote, advertise, and sell G4 Venturi Powered Cleaning Heads and other pool fittings with venturi throughout the United States without the permission or consent from IPP. FIRST CLAIM FOR RELIEF Federal Patent Infringement Under 35 U.S.C. 271 14. Plaintiff repeats and hereby incorporates herein by reference, as though

specifically pleaded herein, the allegations of paragraph 1 through 13. 15. IPP is the exclusive owner of the entire right, title, and interest in and to the

908 Patent, including all rights to enforce that patent and to recover for infringement. 16. Defendant A&A has been and is presently infringing the 908 Patent within

this judicial district and elsewhere by importing, promoting, offering to sell, and selling swimming pool fittings or products that infringe the 908 Patent by incorporating the claims of the 908 Patent and by having been made in accordance with the teachings of the 908 Patent. Representative sample of one of Defendants infringing product is shown in Exhibit B. 17. Defendants infringement of the 908 Patent has been and continues to be

willful and deliberate. 18. Defendant will continue the infringement of the 908 Patent and irreparably

harm IPP unless the infringing activities are enjoined by this Court.
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19. 20.

IPP has no adequate remedy at law. As a result of Defendants unauthorized and willful infringement of IPPs

patent rights, IPP is entitled to Defendants profits, reasonable attorneys fees, and cost of action. PRAYER FOR RELIEF WHEREFORE, Plaintiff IPP prays that this Court grant relief as follows: A. B. For a judgment that Defendant A&A has infringed IPPs 908 Patent; For an injunction barring Defendant, its officers, directors, agents, servants,

employees, representatives, attorneys, related companies, successors, assigns, and all others in active concert or participation with them from copying and reproducing any of IPPs patented invention without consent, or otherwise infringing IPPs patent rights in any manner; C. For permanent injunctive and declaratory relief barring Defendant from

continued infringement of the 908 Patent and/or other equitable relief; D. For an Order ordering Defendant to account to IPP for all gains, profits, and

advantages derived by Defendant by its infringement of IPPs 908 Patent or such damages as are proper; E. For an Order awarding IPP actual and/or statutory damages for Defendants

patent infringement in an amount to be determined at trial; and since Defendant intentionally infringed IPPs 908 Patent, for the maximum allowable statutory damages for each violation; F. For an Order awarding IPP its costs, attorneys fees, and disbursements in

this action; and G. For an Order awarding IPP such other and further relief as the Court deems

just and proper.

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DATED: May 2, 2013

By:___ ________________________ Louis F. Teran Attorney for Infusion Pool Products, Inc.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: May 2, 2013

DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury as provided by Rule 38(a) of the Federal Rules of Civil Procedure.

By:___________________________ Louis F. Teran Attorney for Infusion Pool Products, Inc.

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